Craftsman Builder's Supply, Inc. v. Butler Manufacturing Co.

¶ 108 Although I agree with the result reached by the majority opinion, I disagree with the way in which it is reached.1 More specifically, I disagree with the reasoning of the opinion to the extent that it is grounded upon the article I, section 11 jurisprudence having its origins in Berry v. Beech Aircraft Corp., 717 P.2d 670 (Utah 1985). For if we are to remain true to Berry, I think we would have to reverse the court below. However, I concur in the result today only because I would overrule Berry. I think the operative test it sets forth has proven to be unworkable. It is subject to…